[WSBAPT] When is a Will Considered "Probated"?

[Eric Nelsen]

I'd say when the Order admitting the Will has been entered, but subject to reversal until the 4 months for a Will contest has passed.
But then per RCW 11.04.250 it's retroactive to date of death and deemed to occur immediately upon death. In hindsight. Which is, I think, a tricky philosophical question.
Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, January 10, 2024 5:17 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] When is a Will Considered "Probated"?

Dear All:
RCW 11.04.250 provides that "... no person shall be deemed a devisee until the will has been probated."
When is a Will considered to have been probated for the purpose of RCW 11.04.250?  Upon filing the Petition?  Upon entry of the Order admitting the Will to probate?  Or at some later time or upon the occurrence of a different event?
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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